UNITED INDIA INSURANCE CO. LTD. THROUGH ITS DIVISIONAL MANAGER AKHAY KUMAR DAS, UNITED INDIA INSURANCE CO. LTD. Vs. THE STATE OF JHARKHAND AND

JUDGEMENT

(1.) INSTANT criminal revision is directed against the order impugned dated 19.6.2006, passed by Smt. Neerja Ashri, Judicial Magistrate, lst Class, Jamshedpur, by which the petition filed under Section 245(1)(2) of the Code of Criminal Procedure for discharge of the petitioner United India Insurance Co. Ltd. in C/1 Case No. 526 of 2002 for the alleged offence under Section 417 of the Indian Penal Code was dismissed.

(2.) PETITIONER had earlier moved before this Court in Cr. Revision No. 800 of 2004 for setting aside the order by which the cognizance of the offence was taken under Section 417 of the Indian Penal Code which was dismissed by the order of this Court on 6.9.2005.

(3.) ON receipt of the summons, petitioner -Company and another T.K. Das filed a petition under Section 245(1)(2) of the Code of Criminal Procedure for their discharge on the ground that the petitioner including the accused were the public servant protected under Section 197 of the Code of Criminal Procedure and the allegations were civil in nature and that the claim of the complainant was repudiated under the agreed terms and conditions of the policy due to suppression of pre -existing ailment while proposing for procuring the medi -claim policy. It was further stated that the complainant had earlier lodged his case before the Consumer Forum and also before the ombudsman of the Company, i.e. the highest authority to deal with the grievance of the complainant but both were dismissed. Petition of the petitioner was rejected by the learned Judicial Magistrate with the observation,